In the case of "disproportionate assets to the known source of income" - can the appeal be made to High court after the Judgement is given by Session court. If yes, are there chances that this apeal will be rejected by High Court ?
Niharika (.) 29 August 2013
In the case of "disproportionate assets to the known source of income" - can the appeal be made to High court after the Judgement is given by Session court. If yes, are there chances that this apeal will be rejected by High Court ?
adv.raghavan (Advocate,9444674980) 29 August 2013
yes appeal can be made, if it is with in the limitation period, if it is beyond limitation u have to give reason for delay in filling appeal and chances of getting admitted depends upon the grounds u state and purely court prerogative.
Niharika (.) 29 August 2013
Thanks for your reply.
Can i also check with you the kind of punishment/pentaly applied in such cases ?
Prerak Choudhary (Advocate) 29 August 2013
I assume that the charge is under 13(1)(e) of the Prevention of Corruption Act. In that case it is punishable under 13(2) which reads "Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine". The details provided by you in your post are not comprehensive and hence, I am not in a position to advise completely. However, you may go through 13(2) of POCA..would give you a fare idea of the punishment. As regards the appeal to the Hon'ble High Court against an order of the Hon'ble Sessions Court, it is very much maintainable if based on just and reasonable grounds and within limitation. However, we need to have better particulars in order to advise you..
Regards,
Adv. P. Choudhary
Mumbai, India
9920472747
Niharika (.) 29 August 2013
Thank you sir
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